B. F. Roden Grocery Co. v. Bacon
Court of Appeals for the Fifth Circuit
Petition for Revision of Order Made in Bankruptcy of A. H. Bacon, Pending in the District Court of the United States for the Northern District of Alabama. On the 23d day of September, 1903, the bankrupt filed his voluntary petition in bankruptcy in the District Court of the United States for the Southern Division of the Northern District of Alabama, and was on the same day duly adjudicated a bankrupt by said court, and the ease was referred to Hon. N. W. Trimble, referee.
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Petition for Revision of Order Made in Bankruptcy of A. H. Bacon, Pending in the District Court of the United States for the Northern District of Alabama. On the 23d day of September, 1903, the bankrupt filed his voluntary petition in bankruptcy in the District Court of the United States for the Southern Division of the Northern District of Alabama, and was on the same day duly adjudicated a bankrupt by said court, and the ease was referred to Hon. N. W. Trimble, referee. The bankrupt scheduled the B. F. Roden Grocery Company as one of his creditors for the sum of $400 due by account, and…
1Opinion of the Court
PARDEE, Circuit Judge.
Comity requires that the jurisdiction of courts of bankruptcy to enjoin proceedings instituted or pending against the bankrupt in other tribunals should not be invoked, unless necessary to protect the bankrupt’s estate or otherwise preserve the rights of creditors. In the present case the injunction allowed was on the application of 'the bankrupt to preserve the exempt property claimed by him in his schedules, the title to which was not to pass to a trustee, and which, beyond the formal setting aside by the trustee when elected, was not to be administered in the…
2Cases cited1 opinion
- Lockwood v. Exchange BankSupreme Court of the United States · 1903
3Cited by12 opinions
- Phillips v. KrakowerCourt of Appeals for the Fourth Circuit · 1931
- In Re MageeDistrict Court, W.D. Missouri · 1976
- Schwanz v. Farmers Co-Operative Co.Supreme Court of Iowa · 1927
- In Re FirestoneDistrict Court, S.D. New York · 1932
- In re J. L. Philips & Co.District Court, S.D. Georgia · 1915
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